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Femi Falana
(Image source: Channels Television)
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Should the governorship
elections in Bayelsa and Kogi take place as scheduled, they could be declared
illegal by the court, a senior lawyer has said. Femi Falana, a Senior
Advocate of Nigeria, explained that the Independent National Electoral
Commission as presently constituted lacks the power to fix dates for election
and conduct them.
In
a statement on Sunday, Mr. Falana said that the electoral commission is
currently constituted by two national commissioners and therefore cannot take
any valid decision.
“In
other words, as the INEC is not validly constituted as required by section 159
of the Constitution of the Federal Republic of Nigeria, 1999, as amended, its
decisions are liable to be set aside,” Mr. Falana said, a Senior Advocate of
Nigeria.
“Even
when the INEC was constituted by a chairman and three other national
commissioners in 2010, the Federal High Court held that the electoral body was
not competent to take any decision.”